Privacy Policy and Terms and Conditions of Use

for #NeverDoneWithFun  |  <www.neverdonewithfun.com>

Welcome and thank you for visiting the #NeverDoneWithFun (hereafter “NeverDoneWithFun.com”) website and/or associated social media platforms. As used herein, the words “you” and “your” refer to any person or entity accessing NeverDoneWithFun.com. The words “we,” “us,” and “our” refer to NeverDoneWithFun.com. The following describes how we handle information we may learn about you from your visit to our website, and provides the rules that govern your use of our site.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in U.S. privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

I.   Overview

We offer access and use of NeverDoneWithFun.com according to this Privacy Statement.  In this Privacy Statement you will find the rules that govern your access and use of NeverDoneWithFun.com, including:

  • What Personal Information (sometimes referred to as “Personally Identifiable Information”) our site collects about you and how we use it;
  • Under what circumstances we might share or disclose the Personal Information we collect about you;
  • How you can opt-out of future notification from us;
  • How you can correct or update your Personal Information;
  • Notification of material changes to our Privacy Statement;
  • Our policy concerning security and legal disclaimers and warranties; and
  • Our No-Use policy concerning access by children (i.e., individuals under 13 yrs of age).

You agree to the terms and conditions of this Privacy Statement when you access NeverDoneWithFun.com and (a) enter data or personal information into any field of NeverDoneWithFun.com, (b) access, use, or download any file we post or email, (c) like, follow, post or otherwise interact with an associated social media platform, and/or (d) send an email to us requesting information or any other content.

From time to time, we may modify or update this Privacy Statement.  Any changes will apply from the date of the modification or update.  At the time of posting a material change or update to this Privacy Statement, we will post a prominent general notice of the nature of the material change on our home page.  It is your responsibility to review this Privacy Statement along with any changes or updates.

II.   How to Contact Us

If you have questions about this Privacy Statement, using NeverDoneWithFun.com, or have technical problems with the operation of NeverDoneWithFun.com, please contact us:

III.   Scope

A. This Privacy Statement applies to Personally Identifiable Information we collect about you online during your visit, access, or use of NeverDoneWithFun.com.

B. NOTICE TO USERS LOCATED OUTSIDE OF THE UNITED STATES: Access to NeverDoneWithFun.com is NOT ADVISED if you are located in a region or country whose applicable privacy laws conflict with the scope or tenets of this Privacy Statement.  If you access NeverDoneWithFun.com from a region or country with applicable privacy laws that conflict with this Privacy Statement, you do so AT YOUR OWN RISK.

C. Post Comments and Social Media Platforms: Blog post comment threads, social media platforms and other similar publicly-accessible tools constitute public and not private communications. Be aware that Personally Identifiable Information you submit in connection with use of a publicly-accessible post comment thread or social media platform can be read, collected, and used by others – including other users of the platform – and could also be used to send you unsolicited messages. com is NOT responsible for your access and use of our blog post comment threads or associated social media platforms. NeverDoneWithFun.com is NOT responsible for what happens to Personally Identifiable Information you submit in connection with your use of associated social media platforms. Please see also Section XIV.  “Blog Post Comments and Social Media Platforms”, below, regarding blog post comment threads and posts to NeverDoneWithFun.com associated social media platforms.

IV.   Exceptions to Maintaining the Privacy of Personally Identifiable Information

It may become necessary for NeverDoneWithFun.com to release or disclose certain Personally Identifiable Information as requested or required in connection with legal proceedings initiated by law enforcement, governmental agencies, or private parties in a civil action, such as to comply with a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver, or administrative order.  NeverDoneWithFun.com may share Personally Identifiable Information it has collected as necessary to investigate, prevent, or take action regarding suspected fraud or other illegal activity of its users, or to enforce or apply an agreement.

V.   Personally Identifiable Information – Types, Use and Transfer

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

When do we collect information?
We collect information from you when you subscribe to a newsletter or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, explore the website, or use certain other site features in the following ways:

  • To administer a contest, promotion, survey or other site feature.
  • To send periodic emails regarding your order or other products and services.
  • To follow up with you after correspondence (email, live chat or phone inquiries)

How do we protect your information?
We only provide articles and information. We never ask for credit card numbers. As a result, we do not use vulnerability scanning and/or scanning to PCI standards. Any purchases made will be made on a third-party website through a third-party vendor that conforms to PCI standards, such as PayPal. Please see also Section VII.  “Links to Other Websites”, below, regarding third-party websites.

We use regular Malware Scanning. We do not use an SSL certificate. We do not need an SSL because Personal information is collected through a third-party service only (MailerLite) and is stored there. This service does have an SSL.

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Understand and save user’s preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.

We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, It won’t affect your user experience.

VI.   Third-Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

VII. Links to Other Websites

 Occasionally, at our discretion, we may include or offer third-party products or services on our website and therefore uur site may contain links to other sites (“Third Party Sites”).  NeverDoneWithFun.com does not endorse or verify the accuracy or usefulness of content or material posted to any Third Party Site and therefore has no responsibility or liability for the content and activities of these linked sites.  These Third Party Sites have separate and independent privacy policies. Once you access a Third Party Site, you are subject to the privacy policy and terms and conditions of use of the Third Party Site.  We have no control and take no responsibility for any action or policy associated with any Third Party Site. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

VIII. Website Tracking

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking.

IX.   COPPA (Children Online Privacy Protection Act)

Our site is not directed to children under the age of 13 and we do not specifically market to children under the age of 13.  Parents and guardians of children are required and expected to supervise their children’s access to the Internet.  In the event we discover that a child under the age of 13 has provided Personally Identifiable Information to us, in accordance with the Children’s Online Privacy Protection Act of 1998, we will delete the child’s Personally Identifiable Information from our files to the extent possible. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

X.   California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously. Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the Home page of www.NeverDoneWithFun.com.

You will be notified of any Privacy Policy changes on our Privacy Policy Page. You may change your personal information by emailing kate@neverdonewithfun.com.

XI.   Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email within 7 business days.

We will notify the users via in-site notification within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

XII. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

XIII. Electronic Transactions

You acknowledge and agree that any transactions conducted on this website through utilization of electronic transactions and/or verified by the use of electronic signatures are binding pursuant to applicable law. You understand that your electronic consent bears the same legal authority as your written signature and is binding pursuant to applicable law. You may obtain a paper copy of any electronic transaction by printing the Internet screen(s) on which such information is present. NeverDoneWithFun.com may use a third party for processing of payments for goods/services you purchase on our site. If we do so, the name of the third-party payment processor will appear on the webpage on which you are purchasing goods/services. You acknowledge and agree that NeverDoneWithFun.com has no control over and does not employ or manage any such third-party payment processor, and that said third party’s collection, use, and disclosure of your Personally Identifiable Information will be governed not by our Privacy Policy but by the third-party payment processor’s privacy policy. You acknowledge and agree that NeverDoneWithFun.com has no control over any such third party’s privacy policy and you should review said privacy policy before determining whether you wish to purchase goods/services on our site.

XIV. Blog Post Comments and Social Media Platforms

A. Blog post comments and social media platforms are public communications. As stated above, blog post comment threads and social media platforms constitute public, and not private, communications; as such, any Content (including attachments) you post to NeverDoneWithFun.com or associated social media platforms will be read by others, with or without your knowledge.  Use caution when posting Content to any post comment thread or social media platform.

B. You are solely responsible for Content you post to any NeverDoneWithFun.com blog post comment thread or social media platform. NeverDoneWithFun.com and its associated entities and agents are NOT responsible for Content you post to any blog post comment thread or social media platform.  NeverDoneWithFun.com shall have no liability related to Content you post, whether arising under the laws of copyright, trademark, libel, slander, defamation, privacy, obscenity, or otherwise. This Privacy Statement governs use of blog post comment threads, along with applicable laws.  While NeverDoneWithFun.com may screen Content of blog post comment threads in advance, NeverDoneWithFun.com is not required to screen Content before it gets posted to a post comment thread or social media platform, nor is NeverDoneWithFun.com required to determine in advance the accuracy or conformance to this Privacy Statement of any such Content.  NeverDoneWithFun.com is not responsible for screening, policing, editing, reviewing, or monitoring Content.

C. NeverDoneWithFun.com retains the right, but has no obligation or duty, to monitor and to remove Content. NeverDoneWithFun.com retains the right, but has no obligation or duty, to monitor Content posted by users of any NeverDoneWithFun.com blog post comment thread or social media platform. NeverDoneWithFun.com retains the right to prohibit the posting of Content, use of the post comment thread or social media platform, or to edit, refuse to post, or to remove any Content, in whole or in part, that NeverDoneWithFun.com deems in its sole discretion to (1) violate the provisions of this Privacy Statement; (2) violate applicable law, regulation, or government agency procedures; (3) be harmful to NeverDoneWithFun.com, the rights of any user, or the rights of other third parties; or (4) be abusive, defamatory, obscene, or otherwise objectionable or inappropriate. If notified of Content that is alleged not to conform to this Privacy Statement and/or applicable law, NeverDoneWithFun.com may investigate the allegation and determine – in its sole discretion – whether to remove or request the user to remove nonconforming Content.

D. Grant of rights in Content to NeverDoneWithFun.com. By posting Content to NeverDoneWithFun.com or associated social media platforms, you agree to grant NeverDoneWithFun.com permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, transfer, license, sublicense, or sell any such Content.

XV.   Ownership of Site Contents; Downloading

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of our site (collectively, “Materials”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by NeverDoneWithFun.com, or used under principles of “fair use.” The Materials of our site and the site as a whole are intended solely for your personal use. You may download or copy the Materials for such personal use, provided that you do not remove any copyright or other proprietary notices contained on the Materials. By allowing you to download these Materials for personal use, we expressly do not transfer to you any right, title, or interest in the Materials.

XVI. User Comments

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to NeverDoneWithFun.com through our site or otherwise disclosed, submitted, or offered in connection with your use of our site (collectively “User Comments”) shall be and remain the property of NeverDoneWithFun.com. You agree that NeverDoneWithFun.com shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any User Comments you send to us for any purpose whatsoever. NeverDoneWithFun.com has no obligation to respond to any User Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any User Comments posted by users on our site, in our sole discretion and without notice.

XVII.  Prohibited activities of users of NeverDoneWithFun.com and associated social media platforms

Examples of prohibited activities.  By way of example, and not as a limitation, in connection with use of NeverDoneWithFun.com and associated social media platforms, you agree YOU WILL NOT:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell any goods or services for any commercial purpose.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of the discussion forum that you know, or reasonably should know, cannot be legally distributed in such a manner.
  • Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material.
  • Post or transmit any advertising “spam” or undertake any activity that imposes an unreasonable or disproportionate burden on our site.
  • Restrict or inhibit any other user from using and enjoying NeverDoneWithFun.com or associated social media platforms.

NEVERDONEWITHFUN.COM DISCLAIMS ALL LIABILITY ARISING FROM, CONNECTED TO, OR ASSOCIATED WITH THE CONTENT OF ANY USER POSTINGS.  NeverDoneWithFun.com, at its sole discretion, may deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with this Privacy Statement.

XVIII. Complaints Regarding Perceived Infringement

NeverDoneWithFun.com respects intellectual property rights, and will deny access to our site to anyone who, in our discretion, repeatedly infringes the intellectual property rights of others. In addition, we will use reasonable efforts, in light of our resources, to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works. If you believe materials posted on our site infringe rights you enjoy under copyright law in specific materials (collectively a “Work”), we request that you direct your concerns to our “Designated Agent” provided below, pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) (hereafter the “DMCA”). Your notice to our Designated Agent should follow the notice provisions set out in the DMCA. Additional information about the DMCA can be obtained from the website of the Copyright Office located at http://www.loc.gov. Upon receiving your notice, we agree to respond to it and, if appropriate, remove or disable access to material you believe infringes your Work.

Designated Agent:   Kate Blackwelder  |  kate@neverdonewithfun.com

XIX. Disclaimer and Limitation of Liability

A.  Disclaimer. While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. NeverDoneWithFun.com assumes no liability or responsibility for any errors or omissions in the content on our site. ALL CONTENT PRESENTED AT NEVERDONEWITHFUN.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Please note: some jurisdictions may not allow the exclusion of implied warranties.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

B. Limitation of Liability. NEITHER NEVERDONEWITHFUN.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING, OR DEVELOPING OUR SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SITE.

XX.   Indemnification

You agree to defend, indemnify and hold NeverDoneWithFun.com harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or in any way related to your failure to comply with this Privacy Statement or your use of our site.

XXI. Choice of Law and Jurisdiction in Illinois

Unless otherwise specified, our site and the Contents thereof are displayed solely for the purposes of education and information. This Privacy Statement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Privacy Statement shall be resolved exclusively by courts sitting in Illinois.

Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.

NeverDoneWithFun.com
119 N Park Blvd
Glen Ellyn, IL 60137
USA
kate@neverdonewithfun.com

© 2018 #NeverDoneWithFun, neverdonewithfun.com. All rights reserved.          

Effective Date:  April 20, 2018
Last updated on April 23, 2018